Ayo Salami
Adebiyi Adedapo
Supposed plaintiff in a suit filed before a Federal High Court sitting in Abuja, seeking to restrain President Goodluck Jonathan from reinstating the suspended President of the Court of Appeal, Justice Isa Ayo Salami, has denied knowledge of the case.
Wilfred Okoli, a legal practitioner yesterday told the court that he has no knowledge of the suit filed in his name.
When the matter came-up in court and parties in the matter were to enter appearances, Okoli swiftly got up and said he was not aware of this suit filed in his name.
“My lord, I am not aware of this suit, my consent was never sought before it was brought to before you. I have no knowledge of it,” he said.
An Abuja base lawyer, Amobi Nzelu had filed the suit on behalf of Okoli asking the court to stop jonathan from acting on the recommendation sent to him by the National Judicial Council (NJC).
Justice Abdul Kafarati however asked Amobi and Okoli to go and put their houses in order before 22nd September, the next adjourned date.
Okoli was said to be counsel in Amobi’s chamber.
The court also asked Amobi to ensure the 2nd defendant; Salami was served and render report of service the court on the next adjourned day, September 22.
In the suit, the plaintiff purportedly named NJC, Salami, the Attorney General of the Federation and President Goodluck Jonathan as co-defendants, that NJC cannot deliberate on the issue.
The plaintiff asked the court to hold that NJC cannot deliberate on an issue which is a subject of litigation and a declaration that the 4th Defendant’s right to act or not to act upon any recommendation made to him by the 1st Defendant is uninhibited.
A declaration that it is only a court of law duly created by the 1999 Constitution of the Federal Republic of Nigeria (As Amended) that has the power to hear and determine matters between parties.
A declaration that judicial powers are vested in the courts by virtue of section 6 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
An injunction restraining the 4th Defendant (Jonathan) whether by himself, agents, servants, assigns, privies, or whosoever purporting to act on his behalf from acting on the recommend.
He also asked for a delcaration that President Jonathan was not under any constitutional obligation to act upon the recommendation made to him by the NJC asking to reinstate Salami.
He also asked for the declaration that the President has a right to act and not to act upon any recommendation made to him by the NJC.
In an affidavit, the plaintiff averred that the NJC had no power to recommend to the President to reinstate Salami.
“That the NJC can only recommend to the President to remove judicial officers and not reinstatement.”
He further averred that Jonathan was not duty bound to act on the recommendation of the NJC.